The Board has denied the veteran's claims for an increased rating for his service-connected low back disability and entitlement to a total disability evaluation based on individual unemployability. The RO found that the veteran's current disability does not meet the schedular requirements for assignment of a higher disability rating.
The deciding factor: The medical evidence did not support findings of pronounced intervertebral disc syndrome or incapacitating episodes, which are required for an increased rating under Diagnostic Code 5293. The lack of chronic neurological manifestations since the veteran's September 2000 reinjury precluded a higher rating based on neurological symptoms.
- Claimed conditions
- lumbosacral degenerative disc disease with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 15, 2005
- Citation
- 0522088
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0522088.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for lumbosacral degenerative disc disease with radiculopathy, cervical degenerative disc disease with radiculopathy, and gastroesophageal reflux disease (GERD). Prior to July 18, 2014, the Veteran's PTSD was rated as 70 percent disabling.
- Whole decision: Granted
The Board has granted service connection for lumbosacral degenerative disc disease with radiculopathy, left hip replacement residuals, and right hip replacement residuals. The claims of entitlement to service connection for bilateral flat feet, pneumonia, bilateral hearing loss, left knee anterior cruciate ligament reconstruction residuals, right knee degenerative joint disease, and tinnitus have been dismissed due to lack of jurisdiction upon the Veteran's death.
- Whole decision: Granted
The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral degenerative disc disease with radiculopathy, and has also found that he is entitled to a TDIU based on his service-connected disability.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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